DELHI TRANSPORT CORPORATION Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Civil Writ Petition No.439 of 1990 is filed by Delhi Transport Corporation (hereinafter referred to as DTC, for short). In this writ petition DTC challenges the award dated 3rd May, 1989 passed by Shri P.L. Singia, Presiding Officer, Labour Court in I.D. No. 478 of 1984. By this award learned Labour Court held that the services of Respondent No. 1, Shri Avtar Singh (since deceased, hereinafter referred to as Workman, for short) were terminated illegally and he had not himself abandoned his job. Direction was given to reinstate him with back wages and continuity of service till he attains the age of superannuation.

(2.) In Civil Writ Petition No. 849 of 1996 Smt. Harbhajan Kaur, widow of the deceased employee has challenged the order passed by appellate Authority under Payment of Gratuity Act. On an application filed by her late husband Shri Avtar Singh before the Controlling Authority under the Payment of Gratuity Act, order dated 16th March, 1994 was passed by the Controlling Authority awarding Rs. 38.318.00 as amount of gratuity. KTC filed appeal against the said order before the apellante Authority and Appellate Authority passed the impugned order dated 22nd January, 1996 reversing the order of the Controlling Authority. This is how Smt. .Harbhajan Kaur has come to this Court and filed the aforesaid writ petition. It may be stated here that the main fact which prevailed with the Appellate Authority was that Controlling Authority should not have awarded gratuity since the matter regarding termination of deceased employee which resulted in impugned order dated 3rd May, 1989 passed by Industrial Tribunal in I.D. No. 478 of 1984 was challenged by the DTC in the High Court by filing Civil Writ Petition No. 439 of 1990 and the same was pending before the High Court . Therefore, the issue to be determined in this Writ Petition squarely depends on the outcome of Writ Petition No. 439 of 1990 and consequence in this Writ Petition would automatically follow once Civil Writ Petition 439 of 1990 is decided. For this reason let me take up Civil Writ Petition No. 439 of 1990 in the first instance. Civil Writ Petition No. 439 of 1990

(3.) Before coming to the legal issue raised in this petition let me first state the facts in brief which have given rise the to dispute between the parties. Workman was appointed with DTC as a conductor in the year 1948. In the year 1981 he was granted two days earned leave i.e. for 24th and 25th September, 1981. He, however, did not resume duty on 25th September, 1981. It is the case of the workman that since his wife also became seriously ill and had to undergo of a major operation he had to extend leave beyond 25th September, 1981. on the other hand, case of DTC is that after 25th September, 1981 no more earned leave was due to him and was granted three months extra-ordinary leave without pay from 26th September, 1981 till 25th December, 1981. However, according to the workman he applied for leave from 25th December, 1981 duly supported by medical certificate but no intimation was given to him. According to DTC, even after 25th December, 1981, when extra-ordinary leave without pay also got exhausted, as the workman remained absent and his absence beyond 25th December, 1981 could not be regularised under Regulation 14(10)(c) of the Conditions of Appointment and Service Regulation, 1952 (hereinafter referred to as Regulation, for short). It was treated as if workman is deemed to have resigned. His appointment w.e.f. 26th December, 1981 in accordance with Regulation 14(10)(c) of the aforesaid Regulation. A letter was sent by registered post to the workman asking him to explain within three days as to why action by operation of Regulation 14 (10)(c) of the Regulation may not be taken against him. Since he failed to resume duty, as per the version of the DTC, another communication dated 8th January, 1982, under the signature of Depot Manager was served upon the workman stating that his services had been terminated under Regulation 14 (10)(c).